Legal Opinion
Duenas v. Nagle
District Court, W.D. Wisconsin
Decided May 6, 1991No. 91-C-0024-CPublishedCited by 11 opinions
1Opinion of the Court
OPINION AND ORDER
CRABB, Chief Judge.
Plaintiff brings this civil action for monetary relief pursuant to 42 U.S.C. § 1983 for violations of his procedural due process and Eighth Amendment rights in connection with prison disciplinary hearings. Jurisdiction is present under 28 U.S.C. § 1331.
Presently before the court is defendants’ motion to dismiss for failure to state a claim. Fed.R.Civ.P. 12(b)(6). Defendants argue that the acts of which plaintiff complains were random and unauthorized, and therefore, the state’s provision of postde-privation remedies provided plaintiff all the process he was…
2Cases cited20 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Hudson v. PalmerSupreme Court of the United States · 1984
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Parratt v. TaylorSupreme Court of the United States · 1981
- Zinermon v. BurchSupreme Court of the United States · 1990
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Arty Larnell Hamlin v. Dick Vaudenberg, Captain Hoover, Captain JohnsonCourt of Appeals for the Seventh Circuit · 1996
- Irby v. MacHtWisconsin Supreme Court · 1994
- Casteel v. KolbCourt of Appeals of Wisconsin · 1993
- Hartwick v. Bd. of Tr. of Johnson Cty. Com. Col.District Court, D. Kansas · 1992
- Sturdevant v. HafermanDistrict Court, E.D. Wisconsin · 1992
6 more not listed; retrieve them via the Exa API.